Contractual Correspondence for Architects and

This book provides over 160 model letters, with commentary for use with all the main JCT 2005 building contracts. It concentrates on problems which can arise during a project, and draws on the author's extensive experience as a contracts consultant. It is a companion to the author's Standard Letters in Architectural Practice which covers more routine matters. The revised Fourth Edition takes account of: * the 2005 editions of the JCT Standard Building Contract, the Intermediate Building Contract and the Minor Works Building Contract, both with their contractor's design versions, ICD and MWD * the 2004 updates of the Standard Form of Agreement for the Appointment of an Architect * changes to case law since the last edition was published in 1996 It will be an invaluable guide for architects, building surveyors and project managers.

BA, MA, PhD, RIBA, David Chappell Consultancy Ltd, Wakefield

Preface to the Fourth Edition

ix

Appraisal

1

(31)

Client's bona fides: in doubt

1

(2)

If your client is a private individual (a consumer)

3

(1)

Fee recovery

3

(7)

If two separate individuals or companies wish to commission you jointly

10

(3)

Appointment, if architect asked to tender on fees

13

(1)

Brief: difficulty in obtaining decisions

13

(3)

Consultants: client requiring them to be appointed through the architect

16

(4)

Other architects, if previously commissioned

20

(6)

Site boundaries: unclear

26

(1)

Existing property, if urgent repair work required

26

(4)

Client: if wanting to proceed with inadequate planning permission

30

(2)

Strategic Briefing

32

(2)

Brief: unacceptable requirements

32

(2)

Outline Proposals

34

(6)

Objections: by client

34

(1)

Objections: by planning authority, civic society etc.

34

(6)

Detailed Proposals

40

(11)

Client, if no reply

40

(1)

Client, if another architect appointed to continue work

40

(2)

Client, if preference expressed for a particular sub-contractor

42

(7)

Client: objection to the use of sub-contractor or supplier in a design capacity

49

(2)

Final Proposals

51

(3)

Client: wishing to modify brief

51

(3)

Production Information

54

(15)

Client: declines to use a standard contract

54

(1)

Client: wishes to use a partnering agreement without a legally binding contract

54

(1)

Client: wishes to include unsuitable contractor on tender list

54

(5)

Client: asks you to recommend a contractor

59

(1)

Client: reluctance to appoint a full-time clerk of works

59

(1)

Consultants, if late in supplying drawings and specification

59

(4)

Sub-contractor or supplier, if tender not on standard form or conditions attached

63

(1)

Sub-contractor or supplier, if price too high

63

(4)

Letters of intent to sub-contractors or suppliers

67

(2)

Bills of Quantities

69

(4)

Drawings, if not ready

69

(1)

Bills of quantities, if behind programme

70

(3)

Tender Action

73

(3)

Client, if he wishes to accept the lowest, but unsatisfactory, tender

73

(3)

Mobilisation

76

(12)

Clerk of works: letter of instruction

76

(1)

Letter of intent: contractor

76

(5)

Consents: not received from planning authority, building control, statutory undertakings

81

(7)

Construction to Practical Completion

88

(158)

Commencement before formal contract

88

(2)

Contract documents: initials missing

90

(3)

Contract documents: drawings amended

93

(1)

Drawings, schedules: not ready

93

(5)

Failure to give possession on the due date

98

(2)

Meetings: standing of minutes as a record

100

(2)

Master programme: alleged approval by architect

102

(3)

Master programme -- if contractor changes it

105

(5)

Printed conditions and bills of quantities (or specification) not in agreement

110

(1)

Work not in accordance with comments on the submitted documents

110

(2)

Discrepancy between bills of quantities, schedules of work, specification, architect's instruction, CDP documents or statutory requirements and contract documents, not found by the contractor

112

(3)

Certification, if claim not yet ascertained

115

(4)

Certification: certificate not received by the employer

119

(1)

Certification: contractor threatening to suspend, because the architect has undercertified

120

(3)

Certification: if there is a serious defect less than five days before the final date for payment

123

(1)

Instruction: contractor's refusal to carry out forthwith

123

(9)

Instructions: by building control officer

132

(1)

Setting out: architect requested to check

133

(7)

Defective work: dealing with the problem

140

(6)

Defective work: late instructions to remove

146

(5)

Materials, goods and workmanship: not procurable

151

(7)

Inspection: architect's duties

158

(2)

Inspection of work covered up

160

(3)

Person-in-charge: non-notification

163

(3)

Variations: change in scope and character of the work

166

(1)

Postponement: claimed implied in instructions

167

(1)

If suspension letter received from contractor

167

(6)

Liquidated damages: objections by contractor

173

(2)

Termination: by employer

175

(8)

Termination: by contractor

183

(10)

Works by employer or persons employed or engaged by employer: contractor claiming that timing not convenient

193

(4)

Reference to your `nominated' sub-contractor

197

(1)

Sub-contractor: drawings for approval

197

(4)

Arbitration: threatened over a small matter

201

(1)

Adjudication: threatened over a small matter

201

(4)

Adjudication: if architect asked to respond on behalf of the employer

205

(1)

Employer: instructions given direct to the contractor

205

(5)

Employer: additional items forgotten by architect

210

(4)

Clerk of works: faulty written directions acted upon by the contractor

214

(1)

Clerk of works: verification of daywork sheets

214

(3)

Consultants: instructions direct to the contractor

217

(2)

Consultants: problems with builder's work

219

(3)

Extension of time

222

(13)

Awarding an extension if bills of quantities show phased completion and only one completion date in contract

222

(1)

Failure to fix a completion date within the appropriate time

223

(2)

Best endeavours: contractor's claim for extra payment

225

(3)

Claims for extension of time: procedure before the contract completion date

228

(1)

After practical completion

229

(1)

If the project manager has agreed an extension of time with the contractor

229

(6)

Claims for loss and/or expense: procedure

235

(5)

Claims for loss and/or expense made months after practical completion

240

(1)

Practical completion: alleged by contractor

240

(2)

Practical completion: instructed by the client

242

(4)

After Practical Completion

246

(20)

Rectification period: urgent defects

246

(1)

Rectification period: issue of list

246

(5)

Rectification period: contractor slow in remedying defects

251

(1)

Rectification period: contractor claims some items are not defects

251

(2)

Rectification period: employer's refusal to allow making good

253

(1)

Final certificate: contractor demands issue

253

(5)

Employer: overspending notification

258

(2)

As-built records, if contractor or sub-contractor will not supply

260

(2)

Defects after final certificate: latent defects

262

(4)

Feedback

266

(2)

Complaints from client

266

(2)

Appendix 1

268

(6)

How to write letters

268

(6)

Appendix 2

274

(5)

How to make a good decision

274

(5)

Index

279

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Contractual Correspondence for Architects and Project Managers

Summary

Author Biography

Table of Contents

Supplemental Materials